Legal Opinion

Smith v. Eighth Ward Bank

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 5 opinions

Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Ingraham, J.:

The question submitted upon this controversy is as to the rights of the plaintiff as receiver of the Worcester Cycle Manufacturing Company to- the proceeds of a draft deposited by said corporation with the defendant for collection, or whether the defendant had a right to apply the proceeds of such draft to the payment of two promissory notes discounted by the defendant for the corporation. In determining this question the dates are important. On May 27,1897, the defendant, a banking corporation doing business in this State, discounted two promissory notes made by the Worcester…

2Cases cited5 opinions

  1. Scott v. ArmstrongSupreme Court of the United States · 1892
  2. Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
  3. Fera v. . WickhamNew York Court of Appeals · 1892
  4. Dickerson v. . WasonNew York Court of Appeals · 1872
  5. In Re the General Assignment of HatchNew York Court of Appeals · 1898

3Cited by5 opinions

  1. Guaranty Trust Co. of New York v. KoehlerCourt of Appeals for the Eighth Circuit · 1912
  2. Appleton v. National Park BankNew York Supreme Court · 1924
  3. Crosby v. Bank of NiagaraNew York Supreme Court · 1915
  4. Bank of United States v. Irving National BankNew York Supreme Court · 1924
  5. Courtright v. VreelandAppellate Terms of the Supreme Court of New York · 1909

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